1. Content Ownership
The PPV broadcasts, whether live or on-demand, are owned and operated by Eldora Speedway, Inc. (“Eldora”). “We”, “us”, and “our” refer to Eldora. “You” and “your” refers to the user and viewer of the Site. Unless otherwise noted on the Site, all media available at the Site, including without limitation all information, audio, video, data, online services, text, pictures, games, animation and graphics (“Content”) is protected by exclusive rights, copyrights, trademarks, service marks, patents and/or other proprietary rights of Eldora or third parties who have licensed Eldora to make such Content available to Eldora Site users. Eldora, on behalf of itself, its Content providers and licensors, expressly reserves all intellectual property rights in all Content accessible through this Site. Except as expressly provided herein, no right, title or interest in any Content is transferred to you as a result of your registration with Eldora or Site, your use of the Site or Service or your payment to Eldora or any third party in exchange for the ability to access and view particular Content.
2. Permissible Use
Eldora maintains the Site & PPV products for your personal entertainment and enjoyment, and all use of the Site, Content, and Services is for private, noncommercial viewing and use ONLY. Through the Site, Eldora and third party Content providers make their Content available (via streaming, on-demand, or download) to Eldora users, including you, subject to certain written and/or electronic restrictions which may limit your access to or use of the Content on a title-by-title basis (e.g. time and geographic restrictions). You acknowledge that Eldora or its licensors may include digital rights management technology in the Content, and that such technology may “time out” or automatically disable your ability to view and use certain downloaded or streaming Content after a stated period of time.
Eldora grants you a non-exclusive, non-transferable, limited, revocable license to access and use the PPV Products, Site, Services, and Content, solely for personal, private, non-commercial purposes in accordance with this Agreement, provided that you maintain all copyright, trademark, exclusive rights and other proprietary notices contained therein. If you violate the Agreement, your permission to access and use the PPV Products, Site, Services, and Content automatically terminate.
You may not:
- Reproduce, distribute, transmit, perform, republish, rebroadcast, translate, modify, create derivative, works or compilations from, sell or otherwise exploit, in whole or in part, any of the PPV Content available through the Site, except as you are expressly authorized to do so hereunder
- Make any PPV Content available over a network where it could be used on multiple computers simultaneously or otherwise broadcast to multiple viewers
- Use the Site or PPV Content so as to violate any copyrights, trademarks, patents, trade secrets, other intellectual property rights, privacy or publicity rights, communications regulations or statutes, or any other laws, including without limitation laws concerning defamation, harassment, obscenity, pornography, misrepresentations or omissions, or in a manner that suggests an association with any of Eldora’s or its licensors’ products, services or brands;
- Attempt to defeat any copyright management information or any technological measures that control access to any PPV Content
- Access data not intended for you or log onto a server or an account that you are not authorized to access
- Interfere with service to any user, host or network, including without limitation via means of submitting a virus to the Site or its users, overloading, “flooding”, “spamming”, mailbombing”, or “crashing”
- ‘Mirror’ or frame any PPV Content contained on or through the Site by any means
- Remove, decompile, disassemble or reverse engineer any Site software or PPV Content
- Use any robot, spider, bot, other automatic device or process to monitor or copy any portion of this Site or any Content
- Test, probe or scan the vulnerability of the Site or breach security or authentication measures
- Use the Site for the purpose of gathering information for or transmitting unsolicited email, including promotions and/or advertising of products or services
- Export or re-export the Site, PPV Content or any portion thereof, or any software available on or through the Site, in violation of any applicable export control laws or regulations.
3. Submissions to Eldora
In order to avoid potential misunderstandings and conflicts, we do not accept or consider creative ideas, suggestions or materials other than those we have specifically requested. All unsolicited creative materials, suggestions, ideas or other information communicated by you to Eldora will be deemed the property of the company Eldora. We will not be required to treat any such submission as confidential or subject to a proprietary interest owned by you or any other person who may have contributed to the submission. Eldora and its licensors shall not be liable for the use of any ideas submitted by you or for any similarities that may appear in our future products, services, advertising or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the submission of every kind and nature everywhere. We will be entitled to use the submission for any commercial or other purpose whatsoever, without compensation to you or any other person who contributed to the submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality and copyright.
4. Third Party Content
You agree that, to the extent Eldora users post any information on the Site, those users, and not Eldora, are entirely responsible for all information posted by them. Eldora and its licensors do not guarantee the accuracy, integrity or quality of such Content or information. Neither Eldora nor its licensors shall be liable in any way for any Content or other information made available on the Site, including without limitation for any loss or damage of any kind from infringement of any copyright, performing right, right of privacy, trademark, moral right, patent, trade secret or other proprietary right or interest, or from any defamation, obscenity, pornography, harassment, error or omission.
5. Complaints and Investigations
In order to ensure that Eldora provides a high-quality and law-abiding service, Eldora reserves the right to access your account and information to investigate complaints or allegations of abuse against you. Eldora does not have an obligation to inform you of any complaints against you or the commencement or results of any investigation. Eldora has no obligation to investigate any complaint made by you or against you. We reserve the right, but have no obligation, to take any action we deem appropriate following an investigation, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any relevant information, including without limitation your contact information, usage history, posted materials, IP addresses and traffic information.
In the event you believe your copyrighted content is being infringed by PPV Content available through the Site, you agree to provide Eldora with notice of such infringement by supplying, in writing, the information provided below. This information needs to be completed and sent via email to Eldora at techsupport[at]eldoraspeedway.com . This procedure is exclusively for notifying Eldora that you believe your copyrighted material has been infringed. Send:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
- A description of the copyrighted work that you claim has been infringed
- A description of where the material that you claim is infringing is located on the Site
- Your address, telephone number, and email address
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf
6. Service Restrictions
We reserve the right to refuse service, including registration, subscription or any transactions, to anyone for any reason or no reason. You agree that Eldora, in its sole discretion and without advance notice to you, may terminate, suspend or otherwise place restrictions on your PPV purchase, account, password or use of the Site, for any reason or no reason. Upon termination of your account, you must cease use of the Site, PPV Content, erase any Content from all computer memories and storage devices within your possession or control, and destroy all materials obtained in connection with the Site and all related documentation and all copies and installations thereof. You agree that Eldora and its licensors will not be liable to you or any third party for any refusal of service, suspension, termination or other restriction of your access to or use of the Site or any third party’s access to or use of the Site.
7. Modification or Interruption of Service
Eldora reserves the right to modify or discontinue, temporarily or permanently, the Site (or any part thereof) without advance notice to you. You agree that Eldora and its licensors will not be liable to you or to any third party for any modification of the Site or any interruption of the availability of the Site or to any PPV Content, regardless of reason or duration.
Eldora reserves the right to modify the price of any PPV broadcast, Service or feature within the Site. Eldora is not responsible for any error in copy, images, or video relating to any Service or feature of the Site.
8. Links to Third Party Sites
Inclusion of links from our Site to any third party website does not imply our approval or endorsement of the linked website. If you decide to leave our Site and access the third-party sites, you do so at your own risk. Eldora is not responsible for the availability of such external sites, and does not endorse and is not responsible or liable for any content, privacy policies, advertising, products, or other materials on or available from such sites. You acknowledge and agree that Eldora will not be liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available through any such sites.
9. Personal Information
To sign up for the Service or purchase PPV Content and engage in transactions through the Site, you may be required to register and create a personal account. When creating your account, you must provide accurate and complete information. You are solely responsible for any activity that occurs on your account, and you must keep your account password secure. You must notify Eldora immediately of any breach of security or unauthorized use of your account.
Prices and terms of sale for Eldora registration, subscription and PPV Content transactions will be those in effect on the date on which you submit sufficient information to complete your order (e.g., valid credit card information or submission of a completed online order form) for the applicable PPV Content or Service. Eldora reserves the right to change prices at any time (except with respect to your completed orders), and Eldora may require payment for Content that was previously free or eliminate charges for Content that previously required payment. Eldora will charge your credit card as soon as is practicable for Eldora. Eldora shall not be liable in any way with respect to the timing of any charges to your credit card. Your ability to purchase Services and access to PPV Content is subject to limits established by your credit card issuer or bank. You must immediately notify Eldora of any change in your credit card information, including any change to your home address. You must pay all amounts accrued in your account, including sales tax.
By purchasing any PPV Content, Service or feature via the Site, you acknowledge and agree that your credit card or bank account is being charged by the payment processor of Eldora.
11. All Transactions Final
Unless otherwise noted, all paid transactions are final. Once you have accessed any particular PPV Content, whether by downloading, streaming, on-demand or otherwise, you will be deemed to have enjoyed the full benefit of the transaction, regardless of the specific terms attached to that PPV Content by its owner (e.g., terms providing that downloaded Content may be used for a specified period before it is automatically timed out or disabled on your device). Eldora and its licensors shall have no responsibility to reimburse you, whether by refund or credit, in the event you are dissatisfied with any particular PPV Content (e.g., potentially offensive material or an error by you as to which title you intended to purchase), the quality of the Content (e.g., the quality of video or audio), the terms applicable to use of the Content as required by its owner (e.g., the duration of your license), the delivery of the Content to you (e.g., the speed of Your connection to Eldora PPV Content) or any other matters outside Eldora’s control. The Service and PPV Content is subject to transmission limitations of the Internet, including without limitation video and audio dropouts, rebuffering or loss of connection. Programming, pricing, terms and conditions of the Service are subject to availability and change.
In the event Eldora is unable to deliver a scheduled event (e.g., a live stream event) for which you have already paid, Eldora may provide you with a refund, credit or access for a re-scheduled date, in its sole discretion. You will not be entitled to any refund or credit if you cancel your order prior to the scheduled event, simply fail to view a scheduled event or are unable to receive a scheduled event because of a problem with your computer, your network connection, any intervening network connections or some other reason not attributable to Eldora. Certain refund policies may exist for certain subscription services (e.g. Live Pay-Per-View Streaming, not on-demand). In order to provide the highest customer satisfaction possible, Eldora will refund the paid purchase price of a particular subscription IF the refund request is received before the start of the particular Live Event in question. IF the request is made during or after the Live Event, no refunds will be granted. To request a refund you must send an email with your full name, address, telephone number, email address associated with purchase, and reason for the refund request to sales[at]eldoraspeedway.com.
In the event of a rainout, all paid subscriptions will receive a credit to the next event broadcast of equal value. PPV Live Video will follow the track’s announcement and policy on whether the race is considered an official race or not at the time the event is called due to rain. If the track makes the call the race is official, then NO credits will be issued and the event will be considered complete. If the event is not official, according to the track policy, then all paid subscribers WILL receive the credit for the next race of equal value.
For multi-day event PPV packages, if a portion of the program is rained out, there will not be any refunds or partial refunds given. The portion of the event that rained out will be rescheduled to a contingency plan schedule or an abbreviated schedule to get all aspects of the event in. This includes doubling up an event into day/night sessions, starting earlier or eliminating sections of a race to get a complete event run.
If a subscriber is having issues with the live video stream, they MUST make contact with Eldora via email to techsupport[at]eldoraspeedway.com DURING the event so that a customer service representative can troubleshoot the problem and determine whether the issue is on the user’s end or on Eldora’s end. If it is determined that the issue is on Eldora’s side, then a credit will be issued for a future race of equal value. If the issue is on the subscriber’s end, whether computer or Internet related, then no credit can be offered and the sale is final. Eldora will do all in its power to help a subscriber troubleshoot and fix potential problems, but Eldora will not be liable for issues stemming from the subscriber’s end. All emails made after the fact (after the event has concluded) regarding issues with the stream and requests for then refunds and/or credits will NOT be processed due to the fact that they came in after an event and Eldora was not given the opportunity to troubleshoot and determine the source of the problem(s) while they were happening.
Subscription activation for PPV Content/Service, and your ability to access the Service, is subject to approval of your valid major credit card or bank and verification of other information that you submit or is otherwise obtained by Eldora (e.g., your IP address). Scheduled events may be canceled or substituted when necessary. Applicable taxes are not included and are the responsibility of the subscriber. Blackout restrictions may apply to certain live PPV Content, depending on the location from which you attempt to access the Content. IF YOU ATTEMPT TO CIRCUMVENT OR CIRCUMVENT ANY BLACKOUT RESTRICTION OR OTHER USE RESTRICTION, YOUR RIGHT TO ACCESS CONTENT WILL BE SUBJECT TO IMMEDIATE TERMINATION AND YOU MAY BE SUBJECT TO LEGAL ACTION.
Eldora does not sell PPV Content, Products or Services for purchase by children. In order to register for the Service, you must be at least 18 years of age. No information may be submitted to us by persons under the age of 13 without the consent of a parent or legal guardian, nor may persons under the age of 18 undertake transactions or take other legal acts on this site without such consent, unless permitted by applicable law.
You agree to indemnify, defend and hold Eldora, its distribution partners and content providers, and their partners, agents, distributors, promoters, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, advertisers, product and service providers, and affiliates harmless from any liability, loss, claim and expense related to your alleged violation of this Agreement, your use of the Site, the Service or Content or your violation of any third party right, including without limitation any copyright, property or privacy right.
14. No Warranty
THE SITE AND ALL PPV CONTENT IS PROVIDED TO YOU ON AN “AS-IS” BASIS, AND NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY ELDORA, ITS DISTRIBUTION PARTNERS OR CONTENT PROVIDERS AND/OR THEIR PARTNERS, AGENTS, DISTRIBUTORS AND PROMOTERS REGARDING THE SITE, PPV CONTENT, SERVICE, OR YOUR USE OR VIEWING OF THEREOF, INCLUDING WITHOUT LIMITATION, WARRANTIES AS TO THE AVAILABILITY, ACCURACY, VIDEO OR AUDIO QUALITY AND WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
ELDORA DOES NOT WARRANT THAT: (1) THE SITE, PPV CONTENT OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THE SITE, PPV CONTENT OR SERVICES WILL BE CORRECTED; (3) THE SITE, PPV CONTENT OR SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THE SITE, PPV CONTENT OR SERVICES WILL BE ACCURATE OR RELIABLE.
15. Limitation of Liability
NEITHER ELDORA NOR ITS DISTRIBUTION PARTNERS OR CONTENT PROVIDERS OR THEIR PARTNERS, AGENTS, DISTRIBUTORS OR PROMOTERS SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING THE ACTIVE OR PASSIVE NEGLIGENCE OF THE AFOREMENTIONED ENTITIES), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE SITE AND PPV CONTENT WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, PPV CONTENT OR THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PPV CONTENT AND/OR SERVICE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE, CUMULATIVE LIABILITY OF ELDORA, ITS DISTRIBUTION PARTNERS AND CONTENT PROVIDERS AND THEIR DISTRIBUTORS, PROMOTERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR CONTRACTORS, WHETHER ARISING OUT OF CONTRACT, NEGLIGENCE (WHETHER ACTIVE OR PASSIVE), STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO ELDORA.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SITE AND/OR PPV CONTENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. YOU AGREE THAT THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
NEITHER ELDORA NOR ITS DISTRIBUTION PARTNERS OR CONTENT PROVIDERS OR THEIR PARTNERS, AGENTS, DISTRIBUTORS OR PROMOTERS SHALL BE LIABLE FOR ANY FAILURE TO PERFORM ANY OF ITS OBLIGATIONS AS CONTAINED HEREIN DUE, DIRECTLY OR INDIRECTLY, TO THE FAILURE OF ANY MACHINE, SYSTEM OF AUTHORIZATION, DATA PROCESSING OR COMMUNICATION SYSTEM OR TRANSMISSION LINK OR ANY OTHER EVENT BEYOND THE CONTROL OF ELDORA OR THE AFOREMENTIONED ENTITIES. NEITHER ELDORA NOR ITS DISTRIBUTION PARTNERS OR CONTENT PROVIDERS OR THEIR PARTNERS, AGENTS, DISTRIBUTORS OR PROMOTERS SHALL BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF OR BROWSING THE SITE, SERVICE OR PPV CONTENT.
16. Changes to the PPV Terms and Conditions
Eldora reserves the right to modify this Agreement at its sole discretion and without advance notice to you. Your use of the Site and/or PPV Content following any such change constitutes your unconditional agreement to follow and be bound by the Agreement as modified. Any modifications to the Agreement shall become effective immediately upon their posting on the Site. This Agreement may not be otherwise amended except in a writing signed by you and Eldora. If you do not or cannot agree to the Agreement at any time, your only option is to cease all use of and access to the Site and/or PPV Content.
17. Governing Law
This agreement will be governed by the laws of the State of Ohio. You agree that any dispute arising out of this Agreement or your use of the Site and/or PPV Content will be heard only in the state or federal courts located in Darke County, Ohio, USA , and you hereby consent and submit to the personal jurisdiction of such courts. You agree that any actual or threatened breach of this Agreement by you could result in irreparable harm to Eldora and, accordingly that Eldora shall be entitled to immediate injunctive relief, including a temporary restraining order and/or preliminary injunction without the necessity of a bond or other undertaking, to restrain such breach or threatened breach.
Neither Eldora nor its distribution partners or content providers or their distributors, partners, agents or promoters make any representation that the Site and/or PPV Content is appropriate or available for use in any particular location. If you use this Site and/or PPV Content, you are responsible for compliance with all applicable local laws.
This Agreement constitutes the entire agreement between the parties, and supersedes all prior written and oral agreements or communications with respect to the subject matter herein. Eldora in its sole discretion may amend this Agreement, and your use of the Site and/or PPV Content, after such amendment is posted on the Site, will constitute acceptance of it by you.
If any term in this Agreement is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms.
20. Acceptance of Terms and Conditions
BY USING THE SITE AND/OR PPV CONTENT, YOU SIGNIFY YOUR AGREEMENT TO THE TERMS OF THIS AGREEMENT. If you do not agree to the terms in this agreement, you must not use the Site or access/purchase PPV Content within the Eldora website. Eldora may change the terms of this agreement at any time, and your use of the Site and/or PPV Content after such changes are posted will mean you accept the terms.